Riverkeeper, Inc. et al v. Pruitt et al

Filing 185

ORDER: granting 184 Letter Motion to Stay re: 184 LETTER MOTION to Stay further action on ECF Nos. 128, 145, 150, 154, 173 until September 16, 2022 addressed to Judge Vernon S. Broderick from AUSA Tomoko Onozawa dated August 10, 2022. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/12/2022) (ama)

Case 1:17-cv-04916-VSB Document 185 Filed 08/12/22 Page 1 of 2
U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

August 10, 2022
BY ECF

The Honorable Vernon S. Broderick
United States District Judge
United States Courthouse
40 Foley Square
New York, New York 10007
Re:

08/12/22

Riverkeeper, Inc. v. Regan, No. 17 Civ. 4916 (VSB)

Dear Judge Broderick:
On behalf of defendants, I write to inform the Court of recent developments regarding the
Clean Water Act water quality criteria at issue in this matter. On April 27, 2022, defendant U.S.
Environmental Protection Agency (“EPA”) transmitted a draft proposed rule to the Office of
Information and Regulatory Affairs in the White House Office of Management and Budget
(“OMB”), for review under Executive Order 12866. Pursuant to 33 U.S.C. § 1313(c)(4), the
draft proposed rule would set forth Clean Water Act primary contact recreation water quality
criteria for New York State’s Class I and SD waters. As of July 25, 2022, OMB has concluded
its regulatory review of the draft proposed rule. See https://go.usa.gov/xSsDk.
However, on July 27, 2022, intervenor-defendant New York State Department of
Environmental Conservation (“NYSDEC”) published an advanced notice of proposed
rulemaking (“ANPRM”) in the New York State Register seeking information that NYSDEC
would rely on to analyze the uses of those waters, and based on those analyses, propose and
finalize NYSDEC rules setting out appropriate uses and water quality criteria for the waters. See
https://dos.ny.gov/system/files/documents/2022/07/072722.pdf. On August 8, 2022, defendants
and intervenor-defendant NYSDEC met with plaintiffs in an effort to initiate discussions
regarding NYSDEC’s ANRPM.
To allow the parties to continue these discussions, defendants respectfully request that the
Court hold in abeyance any action on the parties’ pending cross-motions for summary judgment
and NYSDEC’s motion to amend its answer to assert a cross-claim against EPA [ECF Nos. 128,
150, 145, 154, 173], until September 16, 2022. Defendants further propose that the parties
submit a joint status letter to the Court on or before September 14, 2022. This is the
defendants’ first request for the Court to hold in abeyance these motions. Plaintiffs and
intervenor-defendant NYSDEC consent to this request for an abeyance and the submission of a
joint letter. As of the writing of this letter, the City of New York has not taken a position on this
request.
We thank the Court for its consideration of this request.

Case 1:17-cv-04916-VSB Document 185 Filed 08/12/22 Page 2 of 2
Hon. Vernon S. Broderick
August 10, 2022

Page 2 of 2

Respectfully,
DAMIAN WILLIAMS
United States Attorney
/s/ Tomoko Onozawa
By: TOMOKO ONOZAWA
Assistant United States Attorney
Tel: [phone]
Fax: [phone]
cc (via ECF): All counsel of record